Fine for SMS with advertising -

Fine for SMS with advertising

The hypermarket was fined for intrusive advertising.

Fine for SMS with advertising

The notice of discounts on sweets turned into a 100-thousand fine for the Voronezh store of the federal chain. The Antimonopoly Service found such advertising unacceptable, since it was sent in the form of SMS without the consent of subscribers. The case is unique, noticed in FAS.
A resident of Voronezh received a phone message from the hypermarket that from January 22, tea and sweets can be purchased at a 40 percent discount. For some reason, the townsman was not happy, but wrote a statement to the management of the trading institution demanding that his number be deleted from the mailing list, since he did not give consent to it. Paper was accepted there, but messages kept coming. Then he wrote to the antimonopoly service.
- The situation is exceptional - we were able to prove that this person did not leave his number anywhere. Usually, if you, say, put money on the phone through the terminal or someone transferred funds to your number, it automatically gets into the mailing list - consent for advertising SMS is registered there by default. Neither the hypermarket, nor the company that carried out the SMS newsletter could prove that the citizen agreed to receive advertising. This is a precedent, ”said the deputy head of the FAS administration in the Voronezh region. To confirm that they were right, the antimonopoly service employees had to collect a huge amount of information from mobile operators and Internet providers.
As a result, advertising of discounts on tea and sweets was deemed inappropriate, as it violated the requirements of part 1 of article 18 of the Federal Law "On Advertising". It says that advertising can be distributed over telecommunication networks only with the prior consent of the subscriber or addressee. The supermarket and the company were fined 100 thousand rubles each. For the first time, both companies were caught violating advertising law. Next time, the fines will be much higher, warned the OFAS.

Source: Russian newspaper

19.09.2019 07:22:14
(Automatic translation)

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